Keywords – reserved , false certificates, position
The Supreme Court Of India recently claimed that persons who obtain jobs in reserved posts through false caste certificates will be dismissed from their positions and this was done to set aside the Orissa High Court judgement which claimed that an employee who was found to have obtained a job in a reserved post through false certificates could be reinstated back in his job.
The Division Bench consisting of Chief Justice of India DY Chandrachud and Justice JB Pardiwala held that protecting individuals who have obtained reserved job posts through fraudulent means results in detrimental effect upon good governance and also added that intention remains immaterial in such cases.
The Apex Court also made references as to whether the respondent in the Orissa High Court judgement could obtain SC status courtesy of marriage and inferred that the respondent should have suffered social disadvantages through the marriage and this was not the case. The Division Bench in the High Court declined to condone the delay in the case after which the State authority filed an appeal against the High Court judgement. The Apex Court Bench stated that there were serious consequences which emerged out of the High Court bench not condoning the delay because this case was about a person holding an underserving job in a reserved position and it deprived genuine candidates of a position .
Written by Parvati Arun , intern at Legal Vidhiya
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